PART II
Rule 2
Powers of the Commission
Section 1. Express Powers.
- In the performance of its administrative, quasi-judicial and judicial
functions, the Commission shall exercise all such powers and functions as are
expressly vested upon it by the Constitution and by law.
Sec. 2. Implied Powers. -
The Commission shall likewise exercise such powers as are implied in or are
necessary to the effective exercise of its express powers.
Sec. 3. Inherent Powers. - When performing its constitutional or statutory
functions, the Commission shall have inherent power to:
- Preserve and enforce order in its immediate presence;
- Enforce order in proceedings before it or before any of its offices or officials empowered to conduct investigation under its authority.
- Compel obedience to its judgments, orders and processes;
- Control its ministerial officers and all other persons in any manner connected with a case before it, and in every manner appertaining thereto;
- Compel the attendance of persons to testify in a case pending before it;
- Administer or cause to be administered oaths in a case pending before it, and in all other cases where it may be necessary in the exercise of its powers;
- Amend and control its processes and orders so as to make them conformable to law and justice;
- Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.
Sec. 4. Means to Effect
Jurisdiction. - All auxiliary writs, processes and other means necessary
to carry into effect its powers or jurisdiction may be employed by the
Commission; and if the procedure to be followed in the exercise of such power
or jurisdiction is not specifically provided for by law or these rules, any
suitable process or proceeding may be adopted.
Sec. 5. Powers and Duties of
the Chairman. - The powers and duties of the Chairman of the Commission
when discharging his functions in actions or proceedings before the Commission
are as follows:
- To issue calls for the sessions of the Commission;
- To preside over the sessions of the Commission; and to act as Presiding Commissioner of a Division when expressly authorized in these Rules;
- To designate any of the Commissioners to preside over sessions of the Commissions en banc in the event of his absence, disqualification or inhibition;
- To preserve order and decorum during the session;
- To decide all questions of order, subject to appeal to the Commission en banc;
- To enforce orders, resolutions, and decisions of the Commission and the Divisions;
- To sign interlocutory resolution, orders or rulings and temporary restraining orders of the Commission in cases not yet assigned to the Divisions;
- To take such other measures as he may deem proper upon consultation with the other members of the Commission; and
- To exercise such other powers as are vested upon him by law or by specific provisions of these Rules.
Sec. 6. Powers and Duties of
the Presiding Commissioner. - The powers and duties of the Presiding
Commissioner of a Division when discharging its functions in cases pending
before the Division shall be as follows:
- To issue calls for the sessions of the Division;
- To preside over the sessions of the Division;
- To preserve order and decorum during the sessions of the Division;
- To sign interlocutory resolutions, orders or rulings and temporary restraining orders in cases already assigned to the Division;
- To decide all questions of order, subject to appeal to the full Division; and
- To take such other measures as he may deem proper upon consultation with the other members of the Division.
